Summary
finding that trial court lacked jurisdiction to resentence defendant after successful appeal where trial court resentenced defendant prior to mandate being issued
Summary of this case from Thompson v. StateOpinion
No. 92-04585.
March 18, 1994.
Appeal from the Circuit Court of Polk County, Dennis P. Maloney, J.
James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.
Queen Ledeal Tucker contends that the trial court lacked jurisdiction when it resentenced her after her successful appeal in Moore v. State, 608 So.2d 926 (Fla. 2d DCA 1992). We agree and reverse for resentencing.
The final opinion in Moore was filed on November 18, 1992, and the mandate issued on December 4. The trial court sentenced Tucker, however, on November 25, 1992. Until the mandate was issued, the court lacked jurisdiction. Colonel v. Reed, 379 So.2d 1297 (Fla. 4th DCA 1980).
Because the trial court lacked jurisdiction, a valid sentence was never imposed. Contrary to the state's argument on appeal, Tucker must be present for resentencing.
Reversed and remanded.
SCHOONOVER, A.C.J., and ALTENBERND, J., concur.